Dedication – Permissive Use of Land

A street may be established by an implied dedication. To constitute an implied dedication, there must be an intent by the owner to appropriate the land for public use. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).

An implied dedication must include intent by the owner to appropriate the land for public use. When a strip of ground was used for 40 years as a road, 20 years as a full-width street, and was paved without objection of the owner, dedication of the strip of ground by the owner is implied by its use as a public street. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942); Burk v. Diers, 102 Neb. 721, 169 N.W.2d 263; City of McCook v. Red Willow County, 133 Neb. 380, 275 N.W.2d 396 (1937).